Oregon Statutes 307.521 – Application for exemption; policies for considering applications
(1) A person seeking the exemption granted under ORS § 307.515 to 307.523 must file an application for exemption with the governing body. The exemption, if granted, shall be for a period of 20 years.
Terms Used In Oregon Statutes 307.521
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) The application must be filed as set forth in ORS § 307.523 and must include the following information, as applicable:
(a) A description of the property or a portion of the property for which the exemption is requested;
(b) A description of the purpose of the project and whether all or a portion of the property is being used for that purpose;
(c) A certification of income levels of low income occupants;
(d) A description of how the tax exemption will benefit project residents;
(e) If the exemption is an exemption described in ORS § 307.518, evidence satisfactory to the governing body that the corporation is a nonprofit corporation and meets the criteria for a public benefit corporation or a religious corporation;
(f) If the exemption is an exemption described in ORS § 307.520, evidence satisfactory to the governing body that the housing units are owned by a limited equity cooperative that meets the criteria for a cooperative corporation under ORS Chapter 62;
(g) A description of the plans for development of the property if the property is being held for future low income rental housing development; and
(h) A description of how the applicant and the property, respectively, meet any additional criteria adopted by the governing body pursuant to ORS § 307.517 (2), 307.518 (2) or 307.520 (2).
(3) The applicant shall verify the information in the application by oath or affirmation.
(4)(a) Prior to accepting an application under ORS § 307.515 to 307.523, a local jurisdiction shall adopt standards and guidelines to establish the policies governing the consideration of applications under ORS § 307.515 to 307.523.
(b) Policies considered may include, but are not limited to:
(A) Rent regulatory agreements or other enforcement mechanisms to demonstrate that the required rent payment reflects the full value of the property tax exemption.
(B) Enforcement mechanisms to ensure that housing that is exempt under ORS § 307.515 to 307.523 is maintained in decent, safe and sanitary conditions for the occupants.
(C) Methodology and timing for submitting evidence of use of rentals received from low income persons. [1989 c.803 § 4; 1991 c.459 § 63; 1991 c.930 § 5; 1997 c.752 § 7; 2005 c.94 § 38; 2015 c.310 § 5; 2023 c.398 § 22]